I 94 ins and out presentation

FORM I‐9
THE LEGAL IN'S & OUT'S
Tulio. G. Suarez, Esq.
Henderson, Franklin, Starnes & Holt, P.A.

FORM I‐9 : THE LEGAL IN'S & OUT'S
What is the Form I‐9?
What is the Form I‐9 ?

• All U.S. employers must complete and
retain a Form I‐9 for each individual
they hire for employment in the United
States after November 6, 1986
– Includes citizens and noncitizens

• On the form, the employer must:
– Examine the employment eligibility and
identity document(s) an employee
presents
– Determine whether the document(s)
reasonably appear to be genuine and
relate to the individual
– Record the document information on
the Form I-9

New Form I‐9
New Form I‐9

New Form I‐9
• On March 8, 2013, USCIS released a new
Employment Eligibility Verification‐Form I‐9.
– Every three years USCIS is required to
renew Form I-9.
– During the current renewal process USCIS
received over 6000 comments to the new
revised form.

New Form I‐9
• Employers must use the new Form I‐9 with
revision date 03/08/13 for all new hires.
– The revision date is on the lower left of the new
form (Rev. 03/08/13)N.
– The revisions to Form I–9 contain formatting
changes and the inclusion of additional data
fields.
– A copy of the new form and instructions are
included in your materials.

New Form I‐9
– In the cases of re‐verification or rehires the new
version of the Form I‐9 (Rev. 03/08/13)N must be
used.
– Employers who fail to use the new Form I–9 may
be subject to all applicable penalties under
section 274A of the INA (8 U.S.C. 1324a) as
enforced by U.S. Immigration and Customs
Enforcement (ICE) and U.S Department of Justice
(DOJ).

New Form I‐9
• Some of the changes to the I‐9 include:
– Form I‐9 is now two pages, not including:
• Form Instructions (now 6 pages);
– Expanded instructions on how to fill out Sections 1, 2 & 3.
» Must provide employees with instructions.
» Yous should still refer to Handbook for Employers,
Guidance for Completing the Form I‐9 (M‐274) &
I‐9 Central website.
• List of Acceptable Documents.
– List C: Lists types of SS # cards not acceptable.

New Form I‐9
– Fields broken into blocks to make clearer what
information needs to be entered.
– 3‐D bar code spaces to the right of fields.
• These are place holders for future
technology improvements.
» Do not write in these spaces.
– Certification in Section 2 clarified so employer
knows exactly what they are attesting to.

New Form I‐9
• I-9 Process:

New Form I‐9

New Form I‐9
• New fields in Section 1 for:
– e‐mail address and phone number.
• The telephone number and e‐mail address are
considered optional fields.
– If employees choose not to provide this information, they
may write “N/A” instead.
– foreign passport .
• Applicable only where employee provides I‐94
admission number issued by U.S. Customs and Border
Protection (“CBP”).

New Form I‐9
• Section 1 is completed by the employee:
– The Employee must provide identifying
information:
» Name, including other names used
» Address
» Date of Birth
» U.S. Social Security Number (voluntary)
» Email address (optional)
» Telephone number (optional)

New Form I‐9
• The employee must attest to one of the
following:
– He/she is a citizen of the United States (USC)
– He /she is a noncitizen of the United States
– He/she is a lawful permanent resident (LPR) of
the United States
» Must enter Alien Registration Number
– He/she is an alien authorized to work
» Cannot be LPR

New Form I‐9
» Cannot be USC or LPR
» Must list date that employment authorization expires
» Must enter Alien Registration Number (A‐Number) /
USCIS Number or I‐94/Admission Number
o A‐Number: letter A followed by Nine digit number
o Same nine digit number without the letter A.
o I‐94/Admission number is issued either:
 at the time of admission to the U.S. by U.S. Customs and
Border Protection (CBP) or
 subsequently within the U.S. by USCIS.

DEVELOPMENTS IN IMMIGRATION LAW:
New Form I‐9
• Employee must complete Section 1 by the
date of hire:
– Meaning the first day of employment in exchange for wages or
other renumeration.
– Date of hire is not date when job is offered.
• Employees can have help completing Section 1,
including using a translator.
• Your employee must sign the form even if a preparer or
translator helps them.

New Form I‐9
• The preparer or translator who helps your employee must provide his or her
name and address and must sign and date the certification on the form.
 If more than one preparer or translator is used, have the additional
preparers or translators fill out the certification on additional Forms I-9
and attach the forms to the initial Form I-9.
 The date your employee enters next to his or her signature should
match the date the preparer/translator signed the form.

New Form I‐9
• Employer Responsibilities for Section
1
– You must:
• Review the information your employee provided
in Section 1.
• Ensure that your employee provided information
in all required fields.
– (Note: Your employees are not required to provide a
Social Security number in Section 1. However, a Social
Security number may be required if you use E-Verify.)

New Form I‐9
1 (cont.)
– You must:
• Ensure your employee signed and dated the
form.
• Ensure the Preparer/Translator section has been
completed, signed, and dated if your employee
used a preparer/translator.

New Form I‐9
1 (cont.)
– In addition:
• You should note whether your employees
indicated in Section 1 that their employment
authorization will expire.
• You may need to reverify your employee’s
authorization when his or her employment
authorization expires.

New Form I‐9
1 (cont.)
– You may want to remind your employees, at least 90
days before their employment authorization expires and
that they will need to present a List A or List
C document to show continued employment
authorization for reverification purposes.
– Employees must present these documents on or before
the date their current employment authorization expires.

New Form I‐9
• New fields in Section 2 for:
– Additional fields for List A documents:
• E.g. Students in Curricular Practical Training (CPT).
– Field headings for List B and List C documents.

New Form I‐9
• Employers must complete and sign Section 2
of Form I‐9 within three business days of the
date of hire of their employee (the hire date
means the first day of work for pay).
– For example, if your employee began work for
pay on Monday, you must complete Section 2 by
Thursday of that week.
• If the job lasts less than three days, you must
complete Section 2 no later than the first day
of work for pay.

New Form I‐9

• Employee Responsibilities for Section
2:
– Employees must present unexpired original
documentation that shows the employer their
identity and employment authorization.
• Your employees choose which documentation to
present.
• Employees must present:
– One selection from List A; or
– One selection from List B in combination with one
selection from List C.
New Form I‐9

2:
– An employer or an authorized representative
of the employer completes Section 2.
• Employers or their authorized representatives
must physically examine the documentation
presented and sign the form.
New Form I‐9

– The employer or authorized representative
must:
• Ensure that any document your employee
presents is on the Lists of Acceptable Documents
or is an acceptable receipt.
• Physically examine each document to determine
if it reasonably appears to be genuine and to
relate to your employee presenting it.
– If you determine the document does not reasonably
appear to be genuine and relate to your employee, you
should allow your employee to present other
documentation from the List of Acceptable Documents.
• .
New Form I‐9

• Enter your employee’s Last Name, First Name
and Middle Initial (if provided) from Section 1.
• Enter the document title, issuing authority,
number(s) and expiration date (if any) from the
original document(s) your employee presented.
• Enter the date your employee began or will begin
work for pay.
• Enter the name, signature and title of the person
completing Section 2, as well as the date he or
she completed Section 2.
New Form I‐9

• Enter the employer’s business name and
address.
– If your company has multiple locations, use the most
appropriate address that identifies the location of the
employer with respect to the employee and his or her
Form I-9 completion (e.g., the address where the Form
I-9 is completed).
• Return the documentation presented back to your
employee.
New Form I‐9

• Section 2: The Date the Employee Began
Employment:
– The date your employee began employment may
be a current, past or future date. You should
enter:
• A current date
– If Section 2 is completed the same day your employee
begins employment for wages or other remuneration.
New Form I‐9

• A past date
– If Section 2 is completed after your employee began
employment for wages or other remuneration.
» Enter the actual date your employee began
employment for wages or other remuneration.
• A future date
– If Section 2 is completed after the employee accepts the job
offer but before he or she will begin employment for wages
or other remuneration, enter the date the employee expects
to begin such employment.
» If the employee begins employment on a different date,
cross out the expected start date and write in the
correct start date. Date and initial the correction.
New Form I‐9

• The documents on List A show both identity and
employment authorization.
– Employees presenting a List A document should not be
asked to present any other document.
– Some List A documents are in fact a combination of two or
more documents. In these cases, the documents presented
together count as one List A document.
• The documents on List B show identity only.
– Employees who choose to present a List B document must
also present a document from List C for Section 2.
New Form I‐9

• The documents in List C show employment
authorization only.
– Employees who choose to present a List C document must
also provide a document from List B for Section 2.
New Form I‐9

New Form I‐9
*Unrestricted Social Security
cards that are acceptable List C
documents are only issued to:
• U.S. citizens
• Noncitizen National of the
United States
• Lawful permanent residents
• Refugees
• Asylees
• Citizens of the Republic of
Marshall Islands, the
Federated States of
Micronesia, or the Republic of
Palau admitted under a
Compact of Free Association
• Canadian-born American
Indians
• Mexican-born Kickapoo
Indians

• Receipts
– Sometimes, your employee will present a
"receipt" in lieu of a List A, List B, or List
C document.
– An acceptable receipt is valid for a short
period of time for completion of Section
2 or Section 3 (reverification) of Form I-9.
– You cannot accept receipts if employment
will last less than three days.
New Form I‐9

– There are only three types of acceptable
receipts:
• A receipt showing that your employee has
applied to replace a document that was lost,
stolen or damaged.
– Your employee may present a receipt for the application
for the replacement of any List A, List B, or List C
document. This receipt is valid for 90 days.
– When it expires, the employee must show you the
replacement document for which the receipt was given.
New Form I‐9

• The arrival portion of Form I-94/I-94A with a
temporary I-551 stamp and a photograph of
the individual
– A lawful permanent resident may present this List A
receipt instead of showing their Permanent Resident
Card (Form I-551) to show evidence of both identity and
employment authorization.
– This receipt is valid until the expiration date on the
stamp, or one year after the issuance date if the stamp
does not contain an expiration date.
– When it expires, your employee must show you their
Permanent Resident Card (Form I-551).
New Form I‐9

• Departure portion of Form I-94/I-94A with a
refugee admission stamp
– A refugee may present this List A receipt to show
evidence of both identity and employment authorization.
– This receipt is valid for 90 days.
– When the receipt expires, your employee must show
the employer either an Employment Authorization
Document (Form I-766) or a combination of a List B
document and an unrestricted Social Security card.
New Form I‐9

– When your employee provides an
acceptable receipt, you should:
• Record the document title in Section 2 under List
A, List B or List C, as applicable.
• Write the word “receipt,” the document title and
number and the last day that the receipt is valid.
New Form I‐9

– After the receipt expires, you should:
• Cross out the word “receipt” and any
accompanying document number.
• Record the number and other required document
information from the actual document presented.
• Initial and date the change.
New Form I‐9

• The Handbook for
Employers, Guidance for
Completing the Form I‐9
(M‐274), has also been
updated to include
information about the
revised Form I‐9 (Rev.
04/30/13)N.
New Form I‐9

• The name of the Handbook has also changed
slightly.
– The word “Guidance” has replaced
“Instructions.”
• Helpful new images have been added to
illustrate how employees and employers can
complete Section 1‐3 of the new form.
New Form I‐9

• You will also find updated guidance on:
– Recording legal changes of name:
• During rehiring or re‐verification:
– if an employee has had a legal change of name (e.g.
marriage), record the employee’s name change in Section 3.
• At a time other than during rehire or re‐verification:
– Prior guidance indicated that employers are not required to
update Form I‐9 when an employee changes name, but
recommended that you maintain correct information on
Form I‐9.
– USCIS now recommends that you update Form I‐9 with the
new name in the space provided in Section 3 of form I‐9.
New Form I‐9

• In either situation, employers should take steps to be
reasonably assured of the employee’s identity and
veracity of name change.
– Handling changes to other identity information in
Section 1 of Form I‐9:
• Should complete a new form I‐9 using current version.
• Write the original hire date in Section 2, and attach
the new Form I‐9 to the previously completed Form I‐
9 along with a written explanation.
New Form I‐9

I‐9 Records Inspections
I‐9 RECORDS INSPECTIONS

– Government enforcement efforts are in the form
of inspections or investigations conducted by:
• U.S. Department of Homeland Security’s (DHS)
– Homeland Security Investigations (HSI) a directorate within
DHS’s principal investigative arm, Immigration and
Customs Enforcement (ICE); and

• The U.S. Department of Labor (DOL)
– Wage and Hour Division (WHD)
– Office of Federal Contract Compliance Programs

• Penalties for I‐9 paperwork violations can
range from $110 to $1,100 per employee

• Fines for knowingly hiring undocumented
workers can reach $11,000 for each worker
• Violations occurring on or after March 27, 2008 are
subject to a maximum fine of $16,000
• Penalties for pattern and practice of unlawful
hiring = maximum penalty of six months and
$3,000 fine

Questions?
Thank you!
Tulio G. Suarez, Esq.
Florida Board Certified in U.S.
Immigration and Nationality Law
tulio.suarez@henlaw.com
(239) 344-1177

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